Lead Safe Certification – NJ NEWEST Lead Paint law

If you think Lead paint in rentals is not a concern, THINK AGAIN!   NJ’s NEWEST lead-based paint law goes into effect in July of 2022 and directly targets ALL pre-1978 rental properties.   This new law is being referred to as, New Jersey’s Lead Safe Certification and will require lead-paint inspections, (Visual &/or Dust wipes) on all nonexempt rental property at turnover. Additionally, every three years going forward, it will increase lead-based paint hazard education to state residents and will fund New Jerseys Lead Hazard Control Assistance Act. 

So, what does this Lead Safe Certification law require of a property owner?

If you rent pre-1978 property that does not qualify for one of the exemptions, beginning July 2022, you will be required to have a Visual Lead-Paint Inspection.  Not only that, but also possibly obtain lead dust wipe samples upon turnover of every unit or every three years and obtain a Lead Safe Certification, (which is only good for two years). 

This inspection, (visual and/or dust wipe) can only be done by  1) Municipal local agency inspection program,  2) a NJ DCA certified Lead Evaluation contractor hired by the municipality OR  3) the property owner can hire directly a NJ DCA Certified Lead Evaluation contractor to provide the required inspection services.  All of whom will assess a fee for the inspection services.   

Beginning July 2022, all NJ rental properties that are not exempt will be required upon their first turnover or within two years of the effective date to complete their initial Lead Safe Certification inspection.  Going forward this law will require property owners to continually re-certify their units as Lead-Safe at either turnover or every three years (whichever comes first) and Lead Safe Certifications are only valid for 2 years. 

If no lead-based paint hazards are found during the inspection, the local agency or the DCA certified lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the department of Community Affairs.

If Lead based paint hazards are found, they must be properly addressed by either lead-based paint abatement or lead based paint hazard control methods.   Additionally, if the lead evaluation entity (municipal or private) finds that a lead-based paint hazard exists in a dwelling unit upon conducting the inspection pursuant to this law, the lead evaluation contractor or permanent local agency shall notify the Commissioner of Community Affairs. Upon reviewing the finding in accordance with Section 8 of the, “Lead Hazard control Assistance Act” if Lead Hazards are identified in a two or three family pre-1978 rental property, the law requires the remaining units in the property also be visually and/or dust wipe sampled.

The law further requires that “upon completion of correcting any Lead-Based paint hazard identified during the visual Lead Safe Certification Inspection”, the Lead evaluation contractor or permanent local agency shall conduct a follow up inspection (visual &/or dust wipes) of the unit to certify that the hazard no longer exists.   Additional fees may apply.

To utilize NJ resources most appropriately, the law has implemented a two-tier public protection inspection requirement.  If your rental property is located in a municipality where more than 3% of the children 6 years of age and younger in the community have a blood lead level of equal to or greater than 5ug/dl (CDC old Reference Value) the local agency or NJ DCA Certified Lead Evaluation Contractor shall inspect for lead based paint hazards through dust wipe sampling in addition to a visual inspection for deteriorated painted surfaces.  

Owners will be required to provide copies of all Lead Safe Certifications (per unit) and leases to the DCA inspector during their 5-year multiple dwelling inspection.  Property owners will be required to provide copies of a current or newly issued Lead Safe Certificate to new residents specific for the unit they will be renting as part of the lease documents. If a resident resides within the unit during the Re-Lead Safe Certification renewal cycle (3 year) the resident must sign a copy of the Lead Safe Certification and such documentation must be maintained  

Failure to comply with NJ Lead Safe Certification requirements can incur fines of up to $1000 per unit per week.

What to do to get ready for compliance?  First do you meet one of the following Exemptions? (1) the property has been certified to be free of lead-based paint, – (2) the property was originally constructed during or after 1978 , – (3) the rental unit is in a multiple dwelling that has been registered with the DCA as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling Law,” – (4) is a single-family or two-family seasonal rental dwelling which is rented for less than 6 months duration each year by tenants that do not have consecutive lease renewals; or  -(5) has a valid lead-safe certification issued in accordance with this section.

If not, watch HUD’s visual assessor course to know what the municipal or DCA Lead Evaluation contractors will be looking for.  Understand and assess, (prior reports or current lead inspection data) where your units do have lead-based paint and where they don’t as defined by the law.  If you have not tested for lead based paint and the property is pre-1978 original construction, the law states you must assume it is lead-based paint, which can be an expensive and costly lack of knowledge.  Know where your lead paint is and focus your unit turnover hazard correction treatments on those areas and properly document in compliance with the requirements of this new Lead Safe Certification Rule. 

Lee E Wasserman, is founder and president of LEW Corp., LEW Environmental Services and NAETI.  since 1992 Lee has been actively involved in the environmental industry with a concentration in property oriented environmental needs with a nationally recognized subject expertise in the Lead-Based paint field.  LEW has been a recipient of multiple housing awards; a prior board member of the NJ POA and NYC ABO and LEW has been recognized in numerous publications as well as the U.S. Department of Housing and Urban Developments Guidelines for the Evaluation and Control of Lead Based Paint and Lead based Paint Hazards (2012).  www.lewcorp.com or 800-783-0567 or 908-623-7857

 

Read More Information About COVID-19

Renters Have 2 Weeks To Apply For Aid

Renters Have 2 Weeks To Apply For AidGreat interview with POA Past President Derek Reed, Esq. of Ehrlich Petriello Gudin Plaza and Reed P.C. discussing the approaching deadline.  NJ Renters Have 2 Weeks To Apply For Rental Aid As Eviction Moratorium Sunsets | WNYC...

read more

Eviction Moratorium Update

Eviction Moratorium UpdateOn August 5, 2021, New Jersey’s Governor signed NJ S.B. 3691/A.B. 5685 (2021), which will officially end New Jersey’s Eviction Moratorium in waves based on income level beginning August 31, 2021. After August 31, 2021, landlords may evict...

read more

NJ’s Eviction Prevention Program

NJ's Eviction Prevention Program  New Jersey’s Eviction Prevention Program will pay up to two years of rent arrears and future rent, as well as utility assistance, for low-, moderate-, and middle-income households that have experienced an economic impact due to...

read more

Read more News & Views.

Lead-Based Paint in Rental Dwellings

A comprehensive guide to identifying and addressing lead-based paint hazards in rental dwellings lead_based_paint_guide_rental_dwellings.pdf (nj.gov)

New Insurance Requirements for Landlords

A new bill requires the owner of a business or the owner of a rental unit or units to maintain a liability insurance policy, including, but not limited to, commercial general liability insurance, personal liability, or an umbrella insurance policy for negligent acts...

New Jersey’s Lead Safe Certification Law

NJ’s new lead-based paint law goes into effect in July of 2022 and directly targets ALL pre-1978 rental properties.  This new law is being referred to as, New Jersey’s Lead Safe Certification and will require lead-paint inspections, (Visual &/or Dust wipes) on all...

Murphy Administration Announces Opening of Wait List for State Rental Assistance Program

DCA's Division of Housing & Community Resources will be accepting pre-applications online for the State Rental Assistance Program waiting list from July 11 to July 22. For information about the SRAP program and eligibility requirements, please visit:...

Bill Requiring Owners To Maintain Liability Insurance

Requires business owners and rental unit owners to maintain certain liability insurance policies.An act requiring liability insurance for business owners and rental unit owners and supplementing title 17 of the revised statutes.Be it enacted by the senate and general...

News & Views May 2022

Features Bill Requiring Owners To Maintain Liability Insurance Gateway Metro Apartment Performances Gain Momentum High Inflation Places Spotlight on MultiFamily Special Section The Walter R. Cohn, Esq. Memorial EXPO Exhibitor Listing Columns President’s Message Legal...

Security Deposit Replenishment after COVID -19 Health Emergency

On April 24, 2020 Governor Murphy signed Executive Order (EO) 128 allowing residential tenants to apply their security deposits to their rent accounts, subject to being replenished in accordance with the terms of that Order.   The Order provides in pertinent part...

News & Views April 2022

Features Rental Deficit Notice What You Need To Know About Backflow Prevention Systems Virtual Networking: Staying Connected In A Remote World Text Messages For Court NJ State Requires Emergency Contact & Tenant Assistance Information In Leases, Common Areas and...

News & Views December 2021/January 2022

Features What Do I Do When My Tenant Wants to Leave? Multifamily Market Report Lead Safety Certification-NJ Newest Lead Paint Law COVID-19 Presents A Cautionary Tale About The Use Of Capitalization Rates Tips To Ensure Your Winter Safety Columns President’s Message...

Monmouth County to Sponsor Emergency Rental Assistance Pop-up Sites

COVID-19 & SBA Economic Disaster Loan Informationhe Monmouth County Board of County Commissioners is pleased to sponsor Emergency Rental Assistance Program (ERAP) pop-up sites throughout the County from Feb. 21 to Feb. 25. Representatives from the Monmouth County...

Scroll other News & Views Posts.